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HomeMy WebLinkAboutOrdinances (O-94-950)-05/17/1994 ORDINANCE 0-94-950 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF 2.885 ACRES OUT OF THE J.L. BYAS SURVEY, ABSTRACT 180, TRACT 2W2 AND A PORTION OF TRACT 2W, IN THE CITY OF COLLEYVILLE, TEXAS FROM THE AG (AGRICULTURAL) DISTRICT TO THE PUD-C (PLANNED UNIT DEVELOPMENT-COMMERCIAL) DISTRICT; PROVIDING A PENAL TV AND AUTHORIZING PUBLICATION. WHEREAS, an application for zoning change was filed by Trey Hagar, Metrovest, Inc., on January 07, 1994 under Case No. Z-93-046 and a written request to amend the change to PUD-C rather than CC on March 03, 1994; and, WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and, WHEREAS, notices were posted on the subject land as provided by the zoning ordinance; and, WHEREAS, public hearings to change the zoning and the Master Plan on the property herein described were held before both the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation that the zoning request be changed to PUD-C; and, WHEREAS, the City Council is of the opinion that the zoning change herein effectuated furthers the purpose of zoning as set forth in the Zoning Ordinance and is in the best interest of the citizens of the City of Colleyville; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CO LLEYVILLE, TEXAS: Sec. 1. THAT the Master Plan, the Zoning Ordinance of the City of Colleyville, Texas, and the accompanying Zoning Map (as indicated in Exhibit A) are hereby amended insofar as they relate to certain land located in Colleyville, Texas, and described by metes and bounds (Exhibit B) as follows by changing the zoning of said property from the AG (Agricultural) district to ~ 0-94-950 the PUD-C (Planned Unit Development-Commercial) district together with all site plans, supporting documents, and other conditions and restrictions imposed and approved by the Council, which are incorporated herein by reference including, but not limited to: those statements set forth in the Statement of Planning & Objectives from the applicant, Trey Hagar of Metrovest, Inc. which is Attachment 1 to this ordinance; the Conditions of Approval which is Attachment 2 to this ordinance. Attachments 1 and 2 shall be incorporated in this ordinance for all purposes. Sec. 2. Any person, firm or corporation violating any of the provisions of this ordinance as read together with the Zoning Ordinance of the City of Colleyville and accompanying official Zoning Map thereto shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec. 3. The City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. AND IT IS SO ORDERED. The Apst reading and public hearing being conducted on the II , 1994. TheM second reading and public hearing being conducted on the _Q~ ' 1994. ThEl A third reading and public hearing being conducted on the .M(),~ ' 1994. ATTEST: j).~ J~CMC City Secretary J l1 +~ day of 3r_d day of 1'7~ day of CITY OF COLLEYVILLE t4# Cheryl Feigel Mayor Ross T. Foster City Attorney -T ATTACHMENT t ORDINANCE 0 - 94 - 950 r r UD~ METROVEST, INC. ZONING PETITION SUPPORTING DOCUMENTATION The property to be developed is currently zoned AG.,. We are requesting a zoning change to PUD-C. Our objective is to create a unified development which will be sensitive to the residential neighborhoods around the property. We will provide an aesthetically-pleasing retail strip for the fast-growing community ofColleyville. New residential developments have created demand for additional neighborhood commercial areas. The development we . . are proposing will include a retail strip with parking, loading areas and landscaping per code requirements. Construction of the project is expected to begin in mid 1994. Metrovest. Inc. will provide a drainage study in order to plat the property. The drainage study will include a proposal for sanitary sewer extensions, upgrading and increase of line size; and proposal for water drainage conditio~ and upgrading of existing water lines to site. These proposals will be implemented thrcsugh proper detailed construction planning and subsequent construction. Metrovest, Inc. is purchasing the property. Provisions in the contract allow for the change of zoning petition. Trey Hagar,. representing Metrovest, Inc., is requesting the zoning change. Present owner is Linda Clark, Receiver for Carroll, DetaloffEt AI. Please refer to "Addend~ ~." for a legal description o~ property. Date: D=ber I~, 1993 . ~ Revised: January 6, 1994 Trey Ha , sident Revised: March 23, 1994 Metrovest, Inc. ~AIA Project Architect '. . ., 5604 COILEYVILLE BOULEY ARD~ SUITE E, COLLEYVlLLE, TEXAS 76034 (817) 581-8581 MeJro (214) 901-7581 (800) 581-8581 FAX (817) 581-3982 0-94-950 ATTACHMENT 2 ORDINANCE 0-94-950 ZONING CHANGE REQUEST FROM "AG" TO "PUD-C" CONDITIONS OF APPROVAL 1. A general site plan shall be required at the time of approval of the PUD ordinance for the subject site. The final site plan shall require approval of the Planning and Zoning Commission and the City Council following a public hearing with standard notice required for zoning hearings. 2. The minimum rear setback along the western edge ofthe property shall be 25 feet. 3. The final site plan shall include elevation designs which when viewed from the western or northern boundaries of the site will resemble residential structures similar to those of typical residential dwellings within 300 feet of the subject site. 4. A building within 100 feet of the western edge of the property may be not more than one story in height, nor more than 16 feet tall at the roof eaves, nor more than 30 feet tall at the highest point of the roof, 5. No window built above the first floor may openly face the residential developments on the western or northern edges of the site. 6. All mechanical equipment and dumpsters shall be screened from all views. 7. All facades, exclusive of doors and windows, shall be at least 90 percent brick. Design features may include decorative tile, stone or block provided such design features do not exceed 10 percent of the exterior wall area. The developer of the site may request approval of alternative facade designs at the time of final site plan approval by the Planning and Zoning Commission. 8. A concept plan shall be prepared for the future development of the property located immediately east of the subject site as a second phase of the proposed development. Said concept plan shall be made a part of the final site plan. 9. All conditions listed here shall be in addition to the requirements for the site set forth in the Zoning Ordinance and Building Code. 10. A final site plan shall contain design considerations for the inclusion of Tract2l'2} Abstract 331, in a joint development plan with the subject PUD. Said joint development plan is intended to serve as a guide for review of future development requests related to Tract 2W3. 0-94-950 Attachment 2 cont. 11. The main entrance and exit to the project shall be on Highway 26 with a 40 foot divided entrance and a landscaped median. A monument sign may be erected in this median if sight distances permit. 12. A masonry screening wall shall be erected along the western edge of the property. 13. Sidewalks shall be provided in accordance with the Sidewalk Ordinance on or adjacent to the rights-of-way of Highway 26 and Tinker Road. II I I --..... , ~V--; ~Ii ~' - -;--n-: ~ - 3[' r--\..~~(;,\ -- -: . 2t1Q1'j. !-.. ~ '~~ _, .~Q// /''..~ ;\.. Mcd;~~l it..{ , 2.J ~ /;,-' )fj'r, '7./. ~~, '"' . I: . -''/ T '~ ~21l - -~l::"~., ..J'r~ ~ I i :( ;u I ~ M": " .~= - .--!--zLJ ).h_r;_~_~-0'ANI'r Lj. /' __---~ ,~ 'LL~ \6J" ~ r-~ II ~ .' ~'. ~ , -n-.---.. ...... 'I' Aa.- 2M I r ~ r ..JYi ElS ., . ,,1.-1-. -r-r, '--1- -r -- '1, / '2, ~ ~~ I . : or l r...- - ~ . : - - ~~.:.~ E~("!J!L~ ,'. ~'-'..~ ~ ~o IH.' I--,~ ~I')~ .~~ pu9D_2~'lJ,~' ': ;!!!iY~r~~- . ",-, .! _ _, '.' r-.. _ _ ~ ~.; :- -.-'~ ---,~\.C7:T'-~" -.- I~ ~ '.~ ~ .. iBLvtr - ~ i ~'?,;;,+ .~~:. '" 'AG · 1, "-4 ~;I;;o '/>~' ~..,::,,' "... t 'l:ZKl f-Y-~ ~-'..-~ - ~2"f\ i ~IA Ill' I 1-- '! '., 'ur 1L1 ..... . i. i r/.lt/fER V R:;A t) j' ... it EM ~I~ 1 I,B;.i 8,1 . ~ rr.. I .... '. / 'J' /sA~:2P I ~.l 2" 2l ~ ;., 1i!1 Co y 't i Ie . lC,.. '.~ :-)- r-r ~ r r ..-' .,tl ,. i MR~ .rv,~ PAl ' :: _ ~ 'L !~J\'-;~~~ 7'l""II'C11'tll, ,:~r ~ ~ I'" ~ 111 'I,.", ... n' I L:: -~... (",~!.L~..iG} tAWS; 1 .- ~,'" ""'f' . rd; t J'P;' ;. t lr~. Lr' %..)". . , .' ~ ,. / ,AG " j ~:11 1~....., ( I : ." ~~--R:"~~' ~-.:; ".:&.-'5 c · "1~ J AG to-. PUD-C ~- AG I' ~ ---.. I"" ~~~ ~ - ---' ~~~ .~ · I~~ .. ~~ ~~~; .CNrAt~ ~ CC' ... ,D R-4Q' ~;~., ..t '1 ., AG " It": 1 ,( "c. ~"4I'~f r ........ ....:.prl \'~ . ., ." '" ,. h t, / :' . Cu )C,HOO I Sin ( I Ji ..~,. ,HIT Ih -<' -'. 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BYAS SURVEY, Abstract No. 180, and being a portion of that certain 4.65 acre tract conveyed to Irma Mae Forsythe as recorded in Volume 2399, Page 185, Deed Records, Tarrant County, Texas and also described by metes and bounds as follows: COMMENCING at the Northwest corner of the J. L. BYAS SURVEY and in the center line of Tinker Road (County Road No. 305S), a 50 foot wide right-of-way at this point; THENCE South 01 degrees 37 minutes 00 seconds West, 25.00 feet to a 5/8 inch iron rod set, from which a 2.0 foot square rock monument found bears North 01 degrees 37 minutes 00 seconds East, 1.69 feet, said 5/8 inch iron rod being in the South line of said Tinker Road, the West line of said Forsythe tract, and the POINT OF BEGINNING; _ __..__.. _n.__ THENCE South 88 degrees 46 minutes 00 seconds East. 30~.5 feet to a 5/8 inch iron rod, set in the West line of that certain . 198 acre tract of land conveyed to Robert G. Bufe and Martha L. Bufe; an addition to that certain .75 acre of land conveyed to Robert G. Bufe and Martha L. Bufe as recorded in Volume 3735, Page 312, Deed Records, Tarrant County? Texas; THENCE leaving said South line of Tinker Road, South 01 degrees 14 minutes 00 seconds West along the West line of the Bufe tract, 275.59 feet to a 5/8 inch iron rod set; THENCE South 88 degrees 46 minutes 00 seconds East along the South line of said Bufe tracts 57.83 feet to a 5/8 inch iron rod set in the North westerly right-of-way line of State Highway 26 (100 feet wide); THENCE 1 eaving the south line of the Bufe tract, South 30 degrees 02 minutes 00 seconds West along said Northwesterly right-of-way line of State Highway No. 26, 149..29 fe'et to the Northeast corner of that certain 0.75 acre tract of land conveyed to A. G. Skaggs as recorded-in Volume 3686, Page 579, Deed Records, Tarrant County, Texas, and a 5/8 inch rod set from which a 5/8 inch iron rod found bears, 88 degrees 39 minutes, 00 seconds West, 0.71 feet; THENCE leaving the Northwesterly right-of-way of State Highway 26 North 88 degrees 39 minutes 00 seconds West, 290.10 feet to 1/2 inch iron rod found in the East line of PECAN PARK ESTATES; .. THENCE North 01 degrees 37 minutes 00 seconds East, 405.15 feet to the POINT OF BEGINNING. EXHIBIT B ORDINANCE NO. 0 - 94 - 950 -..-.'-.--'.-.'-----.---..-.--'----.--..-'.T---m.-m---_.m..'_ 'of 't- 0-- ~ \f\ a} '" '> III \'(